When a prosecutor bows out of a case because of a potential conflict, should he have to publicly disclose his reasons?

New York’s highest court is considering the question in an unusual dispute between the Republican district attorney of Staten Island and the Working Families Party, an influential third party in New York.

A little back story first: District Attorney Dan Donovan recused himself from an investigation into whether the Working Families Party violated campaign finance laws during New York City’s 2009 elections. At his request, a state judge in January 2012 appointed a special prosecutor to handle the probe and also agreed to seal the recusal application.

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